What are the laws concerning involuntary commitment to a psychiatric ward in Montreal?

Answer 1

Maybe this can help. It is policies in the US, probably very similar to Montreal.

Well, lets say you acted bizzarely in public and the police came and detained you. Based on their experience, they concluded you are mentally ill and are a danger to other people. They fill a legal paper out (explaining they believe you are mentally ill based on this reason) and then they escort you to an emergency hospital where psychiatrist are available. Depending on the state, the hospital where the crises team is based will hold you for a period of up to 72 hours. Along with the police form, the doctor will have to complete several forms of his own while during this time. Your assigned psychiatrist will observe you and evaluate you. There are a few legal papers that the doctor will have to complete in order for him to discharge or commitment you, but in either case, the doctor will fill these legal documents announcing his decision, including a screening certificate, clinical certificate, and/or an affidavit. If he decides to commit you, it is known as involuntary commitment and the certificates he filled out will be presented to a a state judge, usually county or district courts.

The judge can decide the evidence is clear and commit you in what is known as "commencement of action" or he can deem the statements as lack of evidence and you will be discharged. After transportation to the new involuntary commitment facility, the patient will begin his new term of 20 days as "commencement of action" allows in the unit mulling over things and going to group. At the 20 day mark lies a very important date which can mean sentencing of a person for up to a year in the hospital. This date is your hearing. By this point. the involuntary commitment facility doctor will have evaluated you and completed a legal document called"temporary order for commitment", or in some states a "court order for commitment", which is a court order that declared you are a danger to yourself/others, that you are mentally ill, and that you should be contained in a hospital for a given time. Essentially, it makes it into a civil legal proceeding. The papers are brought to a judge whereby, a jury, a judge, and an attorney assigned to you or hired by you, will go to trial to state the evidence. The doctor will present his papers and you can bring witnesses and evidence that sides with your case against the decision.

The judge finds that you are mentally ill and dangerous to other people. He orders a "temporary court order of commitment"involuntarily hospitalizing you for one year. You can appeal this decision by speaking to your attorney and filing the right papers at the courthouse. So you are in the hospital against your will for twelve months. You are still legally allowed to refuse treatment. The court order issued allows for periodic reviews of the your involuntary commitment three months, nine months, twelve months, and annually thereafter to prove to the court you have improved, no longer are a threat to yourself/others, and are ready for discharge. At these marks, the additional hearing will take place and the doctor will present his evidence for discharge or continued hospitalization.

Don't forget, your diagnosis, doctors notes, and doctors statements are all on your medical record kept at the specific hospital where you stayed. Additionally, the legal papers (court orders, clinical certificates, which states you are mentally ill, are at the Office of the County Adjusters. You will be able to receive copies of these records without hassle.

If a doctor mistreated you in any way, or you feel you were inappropriately diagnosed, handled, or taken advantage of, you can complain to the State Medical Board about the doctor and have his license suspended. Also, you can complain to the health department and other state agencies, and also the supervisor of any hospital, about medical malpractice seen at the hospital or about hospital conditions that are hazardous.